Perfected

HCS/HBs 2134 & 1956 - Under the act, any land application of industrial wastewater, industrial wastewater treatment sludge, and related process wastes, excluding certain animal agricultural wastes, shall be subject to a nutrient management technical standard, as described in the act.

The Clean Water Commission may exempt an entity from the requirement to obtain a fertilizer permit only if the entity is producing products that are commercially sold to an end user and have accurate labeling for each container.

Entities currently storing combined bulk fertilizers in storage basins shall not be exempt from any design requirements for agricultural facilities established by rule when constructing new agrichemical facilities.

In order to receive an operating fertilizer permit, any point source or operating location seeking an operating permit for a commingled offsite industrial wastewater or wastewater residuals open storage basin or open storage vessel shall meet current design requirements for wastewater treatment facilities and demonstrate the capacity to manage its design flow.

The Department of Natural Resources shall require at least, but no more than, specific buffer distances between the nearest commingled offsite industrial wastewater or wastewater residuals open storage basin and any public building or residence as described in the act, from which a written agreement for operation shall be obtained. Requirements for the written agreement are described in the act.

The Department shall require groundwater monitoring wells on a site-specific basis when, in the determination of the Division of Geological Survey, the commingled offsite industrial wastewater and wastewater residuals open storage basin or open storage vessel is located in hydrologically sensitive areas where the groundwater may be compromised.

The Department shall establish by rule sampling requirements for commingled offsite industrial wastewater and wastewater residuals open storage basins or open storage vessels based on a basin's or vessel's design flow and permitted materials. The Department shall, within 180 days of the effective date of the act, promulgate rules, including creating a chain of custody record form to be used by all parties during the handling of testing samples, and establish criteria to require monthly sampling and testing of any contents of any commingled offsite industrial wastewater or wastewater residuals open storage basin or open storage vessel, as described in the act. Testing shall be done by a third-party certified laboratory and results of the testing shall be sent to the Department by the laboratory.

The act creates two new definitions for "agrichemical facility" and "operating location".

The act contains an emergency clause.

The act is identical to SB 1369 (2024).

JULIA SHEVELEVA


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